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• <br /> 12. CHANGES DURING CONSTRUCTION: <br /> A. The Owners agree that all layout, development, and maintenance <br /> shall be per this Agreement and the approved site plan. However, <br /> should any Owner desire to make any changes during construction <br /> in the approved site plan or terms of this Agreement, <br /> specificallyregarding landscaping and signage, said Owner shall <br /> bring this to the immediate attention of the City's Planning <br /> Director or City Engineer. If, after reviewing a detailed site <br /> plan, the Planning Director or City Engineer determine that the <br /> change proposed is not substantial, (meaning a change of 10% or <br /> less), the Planning Director or City Engineer may authorize the <br /> change. However, if in ,the opinion of the Planning Director or <br /> City Engineer the requested change is a substantial change, the <br /> Owner chall be required to go to the Hearing Examiner to seek <br /> authorization for the proposed change. The Planning Director's <br /> or City Engineer's ruling may be appealed to the Hearing <br /> Examiner. In any event, anytime a change results in a <br /> substantial change to the terms or requirements of this <br /> Agreement, this Agreement must be amended by written amendments <br /> hereto duly executed by the Owner and the City's Mayor. <br /> 13. RECORDING <br /> A. This Agreement shall be filed in the records of the Snohomish <br /> County Auditor for the purpose of subjecting the property to the <br /> restrictions, conditions and limitations herein set forth which <br /> are intended and shall have the force and effect of deed <br /> restrictions and shall be deemed to be covenants running with the <br /> land and binding upon the owners, their successors, tenants, and <br /> assigns. <br /> -8- <br />